Inshamudeen v. City Police Commissioner, Kollam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 WP(Crl.).No. 179 of 2015 (S) ----------------------------- PETITIONER:- ---------- INSHAMUDEEN, AGED 25 YEARS S/O.ISMAIL, RAILWAY QUARTERS NO.113, NEAR UPASANA HOSPITAL, KOLLAM.
BY ADVS.SRI.PRATHEESH.P SMT.NIMA JACOB RESPONDENTS:- -----------
1. CITY POLICE COMMISSIONER, KOLLAM, KOLLAM CITY, KOLLAM-691 001.
2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM-691 001.
3. AHSA MANOJ, W/O.MANOJ, JOE VILAS, PEOPLES NAGAR-77, KOLLAM-691 001.
4. MANOJ, JOE VILAS, PEOPLES NAGAR-77, KOLLAM-691 001.
R1 & 2 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION R3 & 4 BY ADV. SRI.C.RAJENDRAN GOVERNMENT PLEADER SRI.P.S.SAJEEV.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 179 of 2015 (S) ----------------------------- APPENDIX PETITIONER'S EXHIBITS:- --------------------- EXT.P1: THE COPY OF THE MARRIAGE CERTIFICATE, DATED 17/10/2014.
EXT.P2: THE COPY OF THE COMPLAINT DATED 18/4/2015 SUBMITTED BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:- NIL.
--------------------- // TRUE COPY // PA TO JUDGE.
Kvs/-
T.R.RAMACHANDRAN NAIR, & P.B. SURESH KUMAR, JJ.
= = = = = = = = = = = = = = = W.P.(Crl).No.179 of 2015-S.
= = = = = = = = = = = = = = = = Dated this the 15th day of May, 2015.
J U D G M E N T
T.R.RAMACHANDRAN NAIR , J.
This writ petition is filed by the petitioner seeking for the following reliefs:
(i) Issue a writ of Habeas Corpus to the respondents commanding production of the body of 'Nikitha Manoj', D/o.Asha Manoj, Joe Vilas, Peoples Nagar-77, Kollam before this Hon'ble Court immediately and to set her at liberty.
(ii) Direct the first and second respondents to take immediate steps to recover Nikitha Manoj from the illegal custody of respondents 3 and 4 and their relatives.
2.
We heard the learned counsel for the petitioner and the learned counsel for respondents 3 and 4. 3.
Today, the girl Nikitha Manoj as well as the petitioner are present in the Court. We interacted with the girl. According to her, she was not fully aware about the
W.P.(Crl).No.179/2015-S.
consequences and the obligations for entering into the marriage. She was not fully aware about the arrangements made for the marriage also. She expressed her desire to go along with her parents at her free will We, therefore, permit the same. The petitioner has to work out his remedies, if he is so advised, as available under law. This writ petition is accordingly closed.
Sd/- T.R.RAMACHANDRAN NAIR, JUDGE.
Sd/- P.B.SURESH KUMAR, JUDGE.
Kvs/- // true copy //